Summary
A 30-year-old male information technology professional was denied a security clearance due to serious concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology Systems). The applicant's conduct included actively searching for, receiving, and viewing child pornography over a six-year period, from 2003 to 2009. He acknowledged that the images depicted minor children and that he used search terms specifically targeting individuals under 18.
Additionally, the applicant engaged in unauthorized access to the email, internet, and computer accounts of others, including individuals within a religious organization where he served as regional IT director. These actions were undertaken to find images to gratify his deviant sexual interests.
The denial was based on the applicant's engagement in illegal activities involving child pornography and his unauthorized hacking into accounts to satisfy sexual desires. The judge found that the applicant's past actions raised significant doubts about his reliability and trustworthiness, and his lack of acknowledgment regarding the seriousness of his actions undermined his claims of rehabilitation.
Why the Applicant Was Denied
- The applicant engaged in illegal activities involving child pornography over a six-year period.
- He hacked into the email and internet accounts of others to satisfy his sexual desires.
- The applicant's lack of acknowledgment of the seriousness of his actions undermined his claims of rehabilitation.
Conditions Referenced
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 17(c)rejectedBehavior Unlikely to RecurThe applicant only ceased his conduct after being caught and did not take full responsibility for his actions.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingThe applicant's attempts to minimize his behavior and lack of credible acknowledgment of his past conduct undermined this condition.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's past behavior and lack of credible rehabilitation efforts raised concerns about future conduct.
Key Rule Quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural Posture
- SOR issuedFeb 28, 2013
- Answer filedMar 13, 2013
- Hearing heldJun 27, 2013Originally scheduled for June 3, 2013, but rescheduled due to applicant's request.
- Decision dateSep 30, 2013
Cite For
- Denial of Security Clearance Due to Serious Sexual Behavior Concerns
- Impact of Past Illegal Conduct on Current Reliability Assessments
- Insufficient Evidence of Rehabilitation in Cases Involving Child Pornography